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§47-40-102.
§47-40-102.
A. Every law enforcement officer who, in the regular course of duty,
investigates or receives a report of a traffic accident resulting in
injury to or death of a person or total property damage to an apparent
extent of Five Hundred Dollars ($500.00) or more shall prepare a
written report of the accident on the standard accident report form
supplied by the Department. Such reports shall be forwarded forthwith
by the Police Department or other agency to the Department of Public
Safety.
B. 1. No public employee or officer shall allow a person to examine or
reproduce an accident report or any related investigation report if
examination or reproduction of the report is sought for the purpose of
making a commercial solicitation. Any person requesting an accident
report may be required to state, in writing, under penalty of perjury,
that the report will not be examined, reproduced, or otherwise used
for commercial solicitation purposes. It shall be unlawful and
constitute a misdemeanor for any person to obtain or use information
from an accident report or a copy thereof for the purpose of making a
commercial solicitation.
2. As used in this subsection:
a. "commercial solicitation" means any attempt to use, or offer for
use, information contained in an accident report to solicit any person
named in the report, or a relative of such person, to enter into a
professional, business, or commercial relationship. "Commercial
solicitation" does not mean publication in a legal newspaper, as
defined in Section 106 of Title 25 of the Oklahoma Statutes, or
broadcast by news media for news purposes, and
b. "accident report" means any report regarding a motor vehicle
accident or collision which has been submitted by an individual or
investigating officer on a form prescribed or used by the Department
of Public Safety or local police department.
3. Publication in a legal newspaper, as defined in Section 106 of
Title 25 of the Oklahoma Statutes, or broadcast by news media for news
purposes shall not constitute a resale or use of data for trade or
commercial solicitation purposes. Because publication by a legal
newspaper or broadcast by news media for news purposes is not a resale
or use of data for trade or commercial purposes, an affidavit shall
not be required as a condition for allowing a member of a legal
newspaper or broadcast news media to examine or obtain a copy of an
accident report.
4. The Department of Public Safety and local police departments shall
include the following or a similar notice upon any copy of an accident
report furnished to others: "Warning - State Law. Use of contents for
commercial solicitation is unlawful."
C. 1. In addition to any other penalties or remedies provided by law:
a. a violation of this section by a health care professional or health
care provider shall be grounds for disciplinary action by the state
agency licensing, certifying or registering such professional or
provider, and
b. the state agency licensing, certifying or registering such
professional or provider may institute an action to enjoin violation
or potential violation of this section.
2. As used in this subsection:
a. "health care professional" means any person who offers or provides
health care services under a license, certification or registration
issued pursuant to Title 59 of the Oklahoma Statutes; and
b. "health care provider" means any hospital or related institution
who offers or provides health care services under a license issued
pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma
Statutes.
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